Who steals the Common from the goose.”
The political “pull” has always been a power when exercised either by a Tammany judge or a “reformer,” as the supporters of both classes do their best to help their friends and spite their enemies! A few years ago I succeeded in closing a notorious gin mill in the lower part of the city, but not till I laid the matter before the Police Commissioner. Finally the law breaker was arrested and taken to the Tombs Court, where he pleaded not guilty. After a brief examination, the Tammany Magistrate discharged him, when he learned that the police went to the saloon on Sunday morning, and were admitted as sailors, with oilskins over their heads. Both Commissioners McAdoo and Bingham have criticised the Magistrates for discharging guilty crooks who ought to have been sent to prison.
Not a great while ago, a religious editor went to a reform Magistrate whom he had known in connection with charity work, and secured the discharge of an old crook that ought to have been sent to Sing Sing. The preacher told me afterwards that the work had to be done not in open court, but in the inner sanctum. If the reporters knew what had taken place, said this man, both of us would have been “roasted.” Investigator Mitchell has been able to unearth many things that would not stand the light of day. But they are done with the best intentions.
Here is a sample of Police Court realism:
“Patrick McShane,” said the Magistrate to a Hibernian defendant; “Patrick, what have you to say for yourself?” “I was not drunk, Your Honor,” said Paddy; “I was only sick.” “Loan the city two dollars, and go in peace,” said the Magistrate.
“Mickey Maguire, what have you to say for yourself?” “The officer found you trying to converse with a lamp post at one a. m. What was the matter with you?” Mickey replied, “Well, Your Honor, I am a fireman on the City of Rome and me ship goes out to-morrow.” “Discharged,” said the Judge. But Maguire was an old time liar. He had only been liberated from the Tombs the day before by the help of a missionary, who put him on a Pennsylvania ferry boat with the intention of going to see a “fake” brother-in-law in Trenton, N. J., but Maguire returned the same night and became helplessly drunk on West Street and was then “run in” by a cop. Keeper John Smith was in court at the time and saw the whole transaction and almost fell over in a faint when he heard Maguire tell so many lies to gain his liberty.
The common drunk and disorderly cases are frequently disposed of with lightning rapidity in most of police courts. Sometimes fifty and even seventy-five cases come before the Magistrate at a morning sitting, besides a dozen of felony cases that must receive a large amount of attention before he is able to arrive at the truth and decide whether he can send the prisoner to the grand jury or discharge him.
There is a woman with a child in her arms who charges her husband with non-support. Both use strong drink and are to blame for making the home a pandemonium. The magistrate tries to have them go home and stop drinking, for if the husband is sent to prison, what will become of the children? They return home to do better.
Here is a boy, sixteen years old, charged with stealing two pounds of old lead, worth about seven cents. The magistrate tries to settle the case with honor to both parties. The complainant refuses. He insists on “Shylock” justice. Finally the lad is sent to the Boys’ Prison in the Tombs. Poor boy, his career is blasted for two pounds of old lead, all because the hard hearted complainant shows no mercy!
Frequently there are lined up in the magistrate’s court thirty to forty bleared-eyed, disheveled hair, filthy, tipsy men and women, the offscourings of the city—made so by the city gin mill! I have often asked why the wise sages that run our Legislature do not put the whiskey and beer shops out of business, which would end most of the wretched scenes found in our police courts.